Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

Concurrent AOS filing for EB-2 Physical Therapist

Detailed question:

Is this true ? - "If the ‘Schedule A’ application falls into the “EB-2” or Employment Based Second Preference category (the employer requires a Master’s degree in Physical Therapy or a Bachelor’s degree in Physical Therapy + 5 years of experience), then the Adjustment of Status application can be submitted simultaneously with the Form I-140".

Answer:

Concurrent filing is possible ONLY if your priority date for EB-2 is current, and not backlogged.

Work Authorization for Family through Physical Therapist Category

Detailed question:

Can I get work authorization for my family if I apply through the physical therapist category?

Answer:

The physical therapist category just allows you to skip the PERM/the Labor Authorization part. It does not render you or make you exempt from the rest of the requirements of immigration law. Immigration law requires that, in order for you or your family to get work authorization through the Green Card process, your priority date must be current. When the priority date becomes current, that’s when the family will get their work authorization.

How to transfer the approved I-140 - Physical Therapist

Detailed question:

I am a Physical Therapist and My I 140is approved through an OP rehab clinic and they applied for my GC too. Now I am ending 2 yr contract with the above mentioned company and I would like to know what is the procedure to change the company by maintaining my GC process.

Answer:

I cannot think of any reason the law would be different for PT's in this respect. You can only carry the priority date (if your I-1485 was not filed more than 180 days ago). You will have to refile the I-140 with the new employer. Read my blog.

Green Cards for Physical Therapists

Detailed question:

I am a licenced physical therapist in Michigan and working on my OPT. Is it true that PTs and nurses are exempted from the labor certification during green card process? and they do not need to file labor certification?
And considering the current scenario, can you please let me know approximately how much time does it take for a physical therapist to get a green card?

Answer:

PT's and RN's are both exempt from filing labor cert, but the time for their green card processing is still tied to the time it takes for people from the country of their birth. An India-born PT will wait the same time in EB-3 category as any other India-born EB-3 applicant.